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In re Downs (Case No. 05-70414) 11/18/2005

The United States Trustee filed a Motion to Dismiss pursuant to 11 U.S.C. § 707(b).  The United States Trustee alleged that the Debtor understated his income on Schedule I.  The Fourth Circuit has adopted a "totality of the circumstances" test in determining whether substantial abuse has occurred.  See Green v. Staples (In re Green), 934 F.2d 568, 570 (4th Cir. 1991).  In considering the factors outlined in Green, the Court concluded that it would not be a substantial abuse to permit the Debtor to continue under Chapter 7.  Accordingly, the United States Trustee's Motion to Dismiss is denied.

Date: 
Friday, November 18, 2005
Category: 
Dismissal
Substantial Abuse
Chapter: 
7